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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to housing developments; amending s. 2
163.3164, F.S.; revising the definition of the term 3
"urban infill"; amending s. 196.1978, F.S.; conforming 4
provisions to changes made by the act; amending s. 5
380.093, F.S.; authorizing the Department of 6
Environmental Protection to provide certain grants to 7
community development districts for specified 8
purposes; authorizing community development districts 9
to submit a list of certain proposed projects to the 10
department; amending s. 420.0004, F.S.; revising the 11
definition of the term "moderate -income persons"; 12
amending s. 420.50871, F.S.; requiring the total 13
number of units for certain new developments or 14
redevelopments to be based on plans that include 15
certain factors; prohibiting certain projects from 16
requiring certain tax credits or bond financing; 17
amending s. 420.50872, F.S.; authorizing the 18
corporation to use certain contributions for certain 19
new construction projects to replace obsolete homes in 20
mobile home parks and manufactured home communities; 21
prohibiting such projects from requiring certain tax 22
credits or bond financing; providing an effective 23
date. 24
25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Be It Enacted by the Legislature of the State of Flo rida: 26
27
Section 1. Subsection (49) of section 163.3164, Florida 28
Statutes, is amended to read: 29
163.3164 Community Planning Act; definitions. —As used in 30
this act: 31
(49) "Urban infill" means the development of vacant 32
parcels in otherwise built -up areas where public facilities such 33
as sewer systems, roads, schools, and recreation areas are 34
already in place and the average residential density is at least 35
five dwelling units per acre, the average nonresidential 36
intensity is at least a floor area ratio of 1. 0, and vacant, 37
developable land does not constitute more than 10 percent of the 38
area. The term also includes the development or redevelopment of 39
mobile home parks and manufactured home communities that meet 40
the urban infill criteria. 41
Section 2. Paragraph (a) of subsection (2) of section 42
196.1978, Florida Statutes, is amended to read: 43
196.1978 Affordable housing property exemption. — 44
(2)(a) Notwithstanding ss. 196.195 and 196.196, property 45
in a multifamily project that meets the requirements of this 46
subsection is considered property used for a charitable purpose 47
and is exempt from ad valorem tax beginning with the January 1 48
assessment after the 15th completed year from the earliest of: 49
1. The effective date of the recorded agreement on those 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
portions of the affordable housing property that provide housing 51
to natural persons or families meeting the extremely -low-income, 52
very-low-income, or low-income, or moderate-income limits 53
specified in s. 420.0004; 54
2. The first day of the first taxable year in wh ich the 55
property was placed in service as an affordable housing property 56
that provides housing to natural persons or families meeting the 57
extremely-low-income, very-low-income, or low-income, or 58
moderate-income limits specified in s. 420.0004; or 59
3. The date the property received a certificate of 60
occupancy or a certificate of substantial completion, as 61
applicable, allowing the property to be used as an affordable 62
housing property that provides housing to natural persons or 63
families meeting the extremely -low-income, very-low-income, or 64
low-income, or moderate-income limits specified in s. 420.0004. 65
Section 3. Paragraph (b) of subsection (3) and paragraph 66
(d) of subsection (5) of section 380.093, Florida Statutes, are 67
amended to read: 68
380.093 Resilient Florida Grant Program; comprehensive 69
statewide flood vulnerability and sea level rise data set and 70
assessment; Statewide Flooding and Sea Level Rise Resilience 71
Plan; regional resilience entities. — 72
(3) RESILIENT FLORIDA GRANT PROGRAM. — 73
(b) Subject to appropriation, the department may provide 74
grants to each of the following entities: 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. A county or municipality to fund: 76
a. The costs of community resilience planning and 77
necessary data collection for such planning, including 78
comprehensive plan amendments and necessary corresponding 79
analyses that address the requirements of s. 163.3178(2)(f). 80
b. Vulnerability assessments that identify or address 81
risks of inland or coastal flooding and sea level rise. 82
c. The development of projects, p lans, and policies that 83
allow communities to prepare for threats from flooding and sea 84
level rise. 85
d. Preconstruction activities for projects to be submitted 86
for inclusion in the Statewide Flooding and Sea Level Rise 87
Resilience Plan that are located in a municipality that has a 88
population of 10,000 or fewer or a county that has a population 89
of 50,000 or fewer, according to the most recent April 1 90
population estimates posted on the Office of Economic and 91
Demographic Research's website. 92
e. Feasibility studies and the cost of permitting for 93
nature-based solutions that reduce the impact of flooding and 94
sea level rise. 95
2. A water management district identified in s. 373.069 to 96
support local government adaptation planning, which may be 97
conducted by the water management district or by a third party 98
on behalf of the water management district. Such grants must be 99
used for the express purpose of supporting the Florida Flood Hub 100
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for Applied Research and Innovation and the department in 101
implementing this section th rough data creation and collection, 102
modeling, and the implementation of statewide standards. 103
Priority must be given to filling critical data gaps identified 104
by the Florida Flood Hub for Applied Research and Innovation 105
under s. 380.0933(2)(a). 106
3. A community development district, as defined in s. 107
190.003, which is authorized under chapter 190 to fund the 108
construction or reconstruction of critical assets as authorized 109
by the enabling ordinance that created the community development 110
district or as required b y a county or municipal development 111
order. 112
(5) STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE 113
PLAN.— 114
(d)1. By September 1, 2021, and each September 1 115
thereafter, the following entities may submit to the department 116
a list of proposed projects that add ress risks of flooding or 117
sea level rise identified in vulnerability assessments that meet 118
the requirements of subsection (3): 119
a. Counties. 120
b. Municipalities. 121
c. Special districts as defined in s. 189.012 that are 122
responsible for the management and m aintenance of inlets and 123
intracoastal waterways or for the operation and maintenance of a 124
potable water facility, a wastewater facility, an airport, or a 125
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seaport facility. 126
d. A community development district, as defined in s. 127
190.003, which is authorized under chapter 190 to fund the 128
construction or reconstruction of critical assets as authorized 129
by the enabling ordinance that created the community development 130
district or as required by a county or municipal development 131
order. 132
133
For the plans submitted by December 1, 2021; December 1, 2022; 134
and December 1, 2023, such entities may submit projects 135
identified in existing vulnerability assessments that do not 136
comply with subsection (3). A regional resilience entity may 137
also submit proposed projects to the depar tment pursuant to this 138
subparagraph on behalf of one or more member counties or 139
municipalities. 140
2. By September 1, 2021, and each September 1 thereafter, 141
the following entities may submit to the department a list of 142
any proposed projects that mitigate th e risks of flooding or sea 143
level rise on water supplies or water resources of the state and 144
a corresponding evaluation of each project: 145
a. Water management districts. 146
b. Drainage districts. 147
c. Erosion control districts. 148
d. Flood control districts. 149
e. Regional water supply authorities. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
f. A community development district, as defined in s. 151
190.003, which is authorized under chapter 190 to fund the 152
construction or reconstruction of critical assets as authorized 153
by the enabling ordinance that create d the community development 154
district or as required by a county or municipal development 155
order. 156
3. Each project submitted to the department pursuant to 157
this paragraph for consideration by the department for inclusion 158
in the plan must include: 159
a. A description of the project. 160
b. The location of the project. 161
c. An estimate of how long the project will take to 162
complete. 163
d. An estimate of the cost of the project. 164
e. The cost-share percentage available for the project. 165
f. The project sponsor. 166
Section 4. Subsection (12) of section 420.0004, Florida 167
Statutes, is amended to read: 168
420.0004 Definitions. —As used in this part, unless the 169
context otherwise indicates: 170
(12) "Moderate-income persons" means one or more natural 171
persons or a family, the total annual adjusted gross household 172
income of which is less than 120 percent of the median annual 173
adjusted gross income for households within the state , or 120 174
percent of the median annual adjusted gross income for 175
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households within the metropolitan sta tistical area (MSA) or, if 176
not within an MSA, within the county in which the person or 177
family resides, whichever is greater. In counties with a 178
population of 1 million or more, the term means one or more 179
natural persons or a family, the total annual adjust ed gross 180
household income of which is less than 140 percent of the median 181
annual adjusted gross income for households within the state or 182
140 percent of the median annual adjusted gross income for 183
households within the MSA, whichever is greater. 184
Section 5. Subsection (5) of section 420.50871, Florida 185
Statutes, is renumbered as subsection (6), paragraphs (a) and 186
(b) of subsection (1) are amended, and a new subsection (5) is 187
added to that section, to read: 188
420.50871 Allocation of increased revenues deri ved from 189
amendments to s. 201.15 made by ch. 2023 -17.—Funds that result 190
from increased revenues to the State Housing Trust Fund derived 191
from amendments made to s. 201.15 made by chapter 2023 -17, Laws 192
of Florida, must be used annually for projects under the State 193
Apartment Incentive Loan Program under s. 420.5087 as set forth 194
in this section, notwithstanding ss. 420.507(48) and (50) and 195
420.5087(1) and (3). The Legislature intends for these funds to 196
provide for innovative projects that provide affordable and 197
attainable housing for persons and families working, going to 198
school, or living in this state. Projects approved under this 199
section are intended to provide housing that is affordable as 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
defined in s. 420.0004, notwithstanding the income limitations 201
in s. 420.5087(2). Beginning in the 2023 -2024 fiscal year and 202
annually for 10 years thereafter: 203
(1) The corporation shall allocate 70 percent of the funds 204
provided by this section to issue competitive requests for 205
application for the affordable housing project purposes 206
specified in this subsection. The corporation shall finance 207
projects that: 208
(a) Both redevelop an existing affordable housing 209
development and provide for the construction of a new 210
development within close proximity to the existing development 211
to be rehabilitated. Each project must provide for building the 212
new affordable housing development first, relocating the tenants 213
of the existing development to the new development, and then 214
demolishing the existing development for reconstruction of an 215
affordable housing development with more overall and affordable 216
units. The total number of units for a new development or the 217
redevelopment of an existing affordable housing development 218
which includes more overall and affordable units must be based 219
on plans presented by the developer which include factors 220
related to existing or proposed zoning, financing, and housing 221
supply needs of the county in which the project is located. 222
(b) Address urban infill, as defined in s. 163.3164, 223
including conversions of vacant, dilapidated, or functionally 224
obsolete buildings or the use of underused commercial property. 225
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(5) A project financed under this section may not require 226
that low-income housing tax credits under s. 42 of the Internal 227
Revenue Code or tax-exempt bond financing be a part of the 228
financing structure for the project. 229
Section 6. Subsection (2) of section 420.50872, Florida 230
Statutes, is amended to read: 231
420.50872 Live Local Program. — 232
(2) RESPONSIBILITIES OF THE CORPORATION ; PROHIBITIONS.— 233
(a) The corporation shall: 234
1.(a) Expend 100 percent of eligible contributions 235
received under this section for the State Apartment Incentive 236
Loan Program under s. 420.5087. However, the corporation may use 237
up to $25 million of eligible contributions to provide loans for 238
the construction of large -scale projects of significant regional 239
impact, including new construction projects that have received 240
development assistance from the federal government to replace 241
obsolete homes in mobile home parks and manufactured home 242
communities based on a comprehensive redevelopment plan . Such 243
projects must include a substantial civic, educational, or 244
health care use and may include a commercial use, any of which 245
must be incorporated within or contiguous to the project 246
property. Such a loan m ust be made, except as otherwise provided 247
in this subsection, in accordance with the practices and 248
policies of the State Apartment Incentive Loan Program. Such a 249
loan is subject to the competitive application process and may 250
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not exceed 25 percent of the to tal project cost. The corporation 251
must find that the loan provides a unique opportunity for 252
investment alongside local government participation that would 253
enable creation of a significant amount of affordable housing. 254
Projects approved under this section a re intended to provide 255
housing that is affordable as defined in s. 420.0004, 256
notwithstanding the income limitations in s. 420.5087(2). 257
2.(b) Upon receipt of an eligible contribution, provide 258
the taxpayer that made the contribution with a certificate of 259
contribution. A certificate of contribution must include the 260
taxpayer's name; its federal employer identification number, if 261
available; the amount contributed; and the date of contribution. 262
3.(c) Within 10 days after issuing a certificate of 263
contribution, provide a copy to the Department of Revenue. 264
(b) A project financed under this section may not require 265
that low-income housing tax credits under s. 42 of the Internal 266
Revenue Code or tax-exempt bond financing be a part of the 267
financing structure for the project. 268
Section 7. This act shall take effect July 1, 2024. 269